Judgment

HEGDE, J. :- On September 12, 1963, the Government of Punjab passed the following order:

"Subject : Reservation for the members of Scheduled Castes. Scheduled Tribes and Backward Classes in promotion cases.

Sir,

I am directed to refer you to the subject noted above and to any that at present reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes is applicable to new appointments and not to promotions which are governed by consideration of merit and seniority alone. Since those castes/ classes are poorly represented in various services in the upper grades under the State Government, it has been under the active consideration of Government that some reservation in higher grade posts as well should be made for them. It was now been decided that except in the case of All India services 10 per cent. of the higher posts to be filed by promotion should be reserved for the members of Scheduled Castes, Scheduled Tribes and Backward Classes (9 per cent. for the members of Scheduled . Castes and Scheduled Tribes and 1 per cent for the Backward Classes) subject to the following conditions:

(a) the persons to be considered must possess the minimum necessary qualificat